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HOA parking restrictions

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lg1

Guest
We've lived in our subdivision for twelve years now and have run into a problem with the HOA. When we bought our house we were not required to join the association, however 5 years ago they changed the rules so that all new buyers must join. We were grandfathered under the old rules so we've never joined. Recently we were sent a letter that we are in violation of the parking rules set forth in covenants that we've never seen nor signed. We have been parking on the street directly in front of our house and according to the letter this is not acceptable. The letter quotes from the covenants stating "Owner vehicles shall be parked only in the garages or driveways serving the units. Visitors or guests may park on streets; however, overnight on-street parking is discouraged". It states further that if we don't request a hearing to discuss the situation that we will be subject to a $50 fine for the next violation and increment from there. My questions are: 1. Can an HOA dictate parking a licensed vehicle on a public street? 2. What authority do they have to fine us when we are not members? 3. Shouldn't there be signs posted if this is prohibited? 4. Several other neighbors park on the street as well, but have not received any letter. Can we be singled out? 5. Is it possible that they're just trying to intimidate us into doing what they'd like? Any feedback would be sincerely appreciated! Thanks!
 


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Tracey

Guest
What has probably happened is that someone has complained or noticed your cars and assumed you were memebers of the HOA. Send the HOA a letter (certified, retrun receipt) pointing out that you are not members and they have no authority over you. Keep a copy. Tell them they can treat your letter as a "request for a hearing" if they still believe they have authority to hold you to covenants you never signed. If you don't hear from then, you will assume they agree with your assessment and will make no further attempt to enforce the covenants against you.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 
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lg1

Guest
That sounds like good advice. Thanks for responding so quickly. Have a great day! LG1
 

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